ENROLLED
       2021 Legislature              CS for CS for SB 56, 1st Engrossed
       
       
       
       
       
       
                                                               202156er
    1  
    2         An act relating to community association assessment
    3         notices; amending s. 718.111, F.S.; requiring
    4         condominium associations to maintain specified
    5         affirmative acknowledgments as official records of the
    6         association; specifying that such acknowledgments are
    7         not accessible to unit owners; amending s. 718.116,
    8         F.S.; revising timeframes for foreclosure judgments;
    9         conforming provisions to changes made by the act;
   10         amending s. 718.121, F.S.; requiring condominium
   11         associations to deliver certain invoices for
   12         assessments or statements of account to unit owners in
   13         a specified manner; requiring condominium associations
   14         to give notice to unit owners before changing the
   15         method of delivery for the invoices for assessments or
   16         statements of account; providing requirements for the
   17         notice; requiring unit owners to affirmatively
   18         acknowledge the changes in delivery methods;
   19         prohibiting condominium associations from requiring
   20         the payment of attorney fees relating to past due
   21         assessments without first providing a specified notice
   22         to unit owners; providing requirements for the notice;
   23         establishing a rebuttable presumption relating to
   24         mailing the notice if a certain requirement is met;
   25         revising the timeframe for condominium associations to
   26         file liens against condominium units; conforming
   27         provisions to changes made by the act; amending s.
   28         719.104, F.S.; requiring cooperative associations to
   29         maintain specified affirmative acknowledgments as
   30         official records of the association; specifying that
   31         such acknowledgments are not accessible to unit
   32         owners; amending s. 719.108, F.S.; requiring
   33         cooperative associations to deliver certain invoices
   34         for assessments or statements of account to unit
   35         owners in a specified manner; requiring cooperative
   36         associations to give notice to unit owners before
   37         changing the method of delivery for the invoices for
   38         assessments or statements of account; providing
   39         requirements for the notice; requiring unit owners to
   40         affirmatively acknowledge the changes in delivery
   41         methods; prohibiting cooperative associations from
   42         requiring the payment of attorney fees relating to
   43         past due assessments without first providing specified
   44         notice to unit owners; providing requirements for the
   45         notice; establishing a rebuttable presumption relating
   46         to mailing the notice if a certain requirement is met;
   47         revising the timeframe for cooperative associations to
   48         file liens against cooperative parcels; conforming
   49         provisions to changes made by the act; amending s.
   50         720.303, F.S.; requiring homeowners’ associations to
   51         maintain specified affirmative acknowledgments as
   52         official records of the association; specifying that
   53         such acknowledgments are not accessible to parcel
   54         owners; amending s. 720.3085, F.S.; requiring
   55         homeowners’ associations to deliver certain invoices
   56         for assessments or statements of account to parcel
   57         owners in a specified manner; requiring homeowners’
   58         associations to give notice to parcel owners before
   59         changing the method of delivery for the invoices for
   60         assessments or statements of account; providing
   61         requirements for the notice; requiring parcel owners
   62         to affirmatively acknowledge the changes in delivery
   63         methods; prohibiting homeowners’ associations from
   64         requiring the payment of attorney fees relating to
   65         past due assessments without first providing specified
   66         notice to parcel owners; providing requirements for
   67         the notice; establishing a rebuttable presumption
   68         relating to mailing the notice if a certain
   69         requirement is met; providing an effective date.
   70          
   71  Be It Enacted by the Legislature of the State of Florida:
   72  
   73         Section 1. Paragraphs (a) and (c) of subsection (12) of
   74  section 718.111, Florida Statutes, are amended to read:
   75         718.111 The association.—
   76         (12) OFFICIAL RECORDS.—
   77         (a) From the inception of the association, the association
   78  shall maintain each of the following items, if applicable, which
   79  constitutes the official records of the association:
   80         1. A copy of the plans, permits, warranties, and other
   81  items provided by the developer pursuant to s. 718.301(4).
   82         2. A photocopy of the recorded declaration of condominium
   83  of each condominium operated by the association and each
   84  amendment to each declaration.
   85         3. A photocopy of the recorded bylaws of the association
   86  and each amendment to the bylaws.
   87         4. A certified copy of the articles of incorporation of the
   88  association, or other documents creating the association, and
   89  each amendment thereto.
   90         5. A copy of the current rules of the association.
   91         6. A book or books that contain the minutes of all meetings
   92  of the association, the board of administration, and the unit
   93  owners.
   94         7. A current roster of all unit owners and their mailing
   95  addresses, unit identifications, voting certifications, and, if
   96  known, telephone numbers. The association shall also maintain
   97  the e-mail addresses and facsimile numbers of unit owners
   98  consenting to receive notice by electronic transmission. The e
   99  mail addresses and facsimile numbers are not accessible to unit
  100  owners if consent to receive notice by electronic transmission
  101  is not provided in accordance with sub-subparagraph (c)3.e.
  102  However, the association is not liable for an inadvertent
  103  disclosure of the e-mail address or facsimile number for
  104  receiving electronic transmission of notices.
  105         8. All current insurance policies of the association and
  106  condominiums operated by the association.
  107         9. A current copy of any management agreement, lease, or
  108  other contract to which the association is a party or under
  109  which the association or the unit owners have an obligation or
  110  responsibility.
  111         10. Bills of sale or transfer for all property owned by the
  112  association.
  113         11. Accounting records for the association and separate
  114  accounting records for each condominium that the association
  115  operates. Any person who knowingly or intentionally defaces or
  116  destroys such records, or who knowingly or intentionally fails
  117  to create or maintain such records, with the intent of causing
  118  harm to the association or one or more of its members, is
  119  personally subject to a civil penalty pursuant to s.
  120  718.501(1)(d). The accounting records must include, but are not
  121  limited to:
  122         a. Accurate, itemized, and detailed records of all receipts
  123  and expenditures.
  124         b. A current account and a monthly, bimonthly, or quarterly
  125  statement of the account for each unit designating the name of
  126  the unit owner, the due date and amount of each assessment, the
  127  amount paid on the account, and the balance due.
  128         c. All audits, reviews, accounting statements, and
  129  financial reports of the association or condominium.
  130         d. All contracts for work to be performed. Bids for work to
  131  be performed are also considered official records and must be
  132  maintained by the association.
  133         12. Ballots, sign-in sheets, voting proxies, and all other
  134  papers and electronic records relating to voting by unit owners,
  135  which must be maintained for 1 year from the date of the
  136  election, vote, or meeting to which the document relates,
  137  notwithstanding paragraph (b).
  138         13. All rental records if the association is acting as
  139  agent for the rental of condominium units.
  140         14. A copy of the current question and answer sheet as
  141  described in s. 718.504.
  142         15. All other written records of the association not
  143  specifically included in the foregoing which are related to the
  144  operation of the association.
  145         16. A copy of the inspection report as described in s.
  146  718.301(4)(p).
  147         16.17. Bids for materials, equipment, or services.
  148         17.All affirmative acknowledgments made pursuant to s.
  149  718.121(4)(c).
  150         18. All other written records of the association not
  151  specifically included in the foregoing which are related to the
  152  operation of the association.
  153         (c)1. The official records of the association are open to
  154  inspection by any association member or the authorized
  155  representative of such member at all reasonable times. The right
  156  to inspect the records includes the right to make or obtain
  157  copies, at the reasonable expense, if any, of the member or
  158  authorized representative of such member. A renter of a unit has
  159  a right to inspect and copy the association’s bylaws and rules.
  160  The association may adopt reasonable rules regarding the
  161  frequency, time, location, notice, and manner of record
  162  inspections and copying. The failure of an association to
  163  provide the records within 10 working days after receipt of a
  164  written request creates a rebuttable presumption that the
  165  association willfully failed to comply with this paragraph. A
  166  unit owner who is denied access to official records is entitled
  167  to the actual damages or minimum damages for the association’s
  168  willful failure to comply. Minimum damages are $50 per calendar
  169  day for up to 10 days, beginning on the 11th working day after
  170  receipt of the written request. The failure to permit inspection
  171  entitles any person prevailing in an enforcement action to
  172  recover reasonable attorney fees from the person in control of
  173  the records who, directly or indirectly, knowingly denied access
  174  to the records.
  175         2. Any person who knowingly or intentionally defaces or
  176  destroys accounting records that are required by this chapter to
  177  be maintained during the period for which such records are
  178  required to be maintained, or who knowingly or intentionally
  179  fails to create or maintain accounting records that are required
  180  to be created or maintained, with the intent of causing harm to
  181  the association or one or more of its members, is personally
  182  subject to a civil penalty pursuant to s. 718.501(1)(d).
  183         3. The association shall maintain an adequate number of
  184  copies of the declaration, articles of incorporation, bylaws,
  185  and rules, and all amendments to each of the foregoing, as well
  186  as the question and answer sheet as described in s. 718.504 and
  187  year-end financial information required under this section, on
  188  the condominium property to ensure their availability to unit
  189  owners and prospective purchasers, and may charge its actual
  190  costs for preparing and furnishing these documents to those
  191  requesting the documents. An association shall allow a member or
  192  his or her authorized representative to use a portable device,
  193  including a smartphone, tablet, portable scanner, or any other
  194  technology capable of scanning or taking photographs, to make an
  195  electronic copy of the official records in lieu of the
  196  association’s providing the member or his or her authorized
  197  representative with a copy of such records. The association may
  198  not charge a member or his or her authorized representative for
  199  the use of a portable device. Notwithstanding this paragraph,
  200  the following records are not accessible to unit owners:
  201         a. Any record protected by the lawyer-client privilege as
  202  described in s. 90.502 and any record protected by the work
  203  product privilege, including a record prepared by an association
  204  attorney or prepared at the attorney’s express direction, which
  205  reflects a mental impression, conclusion, litigation strategy,
  206  or legal theory of the attorney or the association, and which
  207  was prepared exclusively for civil or criminal litigation or for
  208  adversarial administrative proceedings, or which was prepared in
  209  anticipation of such litigation or proceedings until the
  210  conclusion of the litigation or proceedings.
  211         b. Information obtained by an association in connection
  212  with the approval of the lease, sale, or other transfer of a
  213  unit.
  214         c. Personnel records of association or management company
  215  employees, including, but not limited to, disciplinary, payroll,
  216  health, and insurance records. For purposes of this sub
  217  subparagraph, the term “personnel records” does not include
  218  written employment agreements with an association employee or
  219  management company, or budgetary or financial records that
  220  indicate the compensation paid to an association employee.
  221         d. Medical records of unit owners.
  222         e. Social security numbers, driver license numbers, credit
  223  card numbers, e-mail addresses, telephone numbers, facsimile
  224  numbers, emergency contact information, addresses of a unit
  225  owner other than as provided to fulfill the association’s notice
  226  requirements, and other personal identifying information of any
  227  person, excluding the person’s name, unit designation, mailing
  228  address, property address, and any address, e-mail address, or
  229  facsimile number provided to the association to fulfill the
  230  association’s notice requirements. Notwithstanding the
  231  restrictions in this sub-subparagraph, an association may print
  232  and distribute to parcel owners a directory containing the name,
  233  parcel address, and all telephone numbers of each parcel owner.
  234  However, an owner may exclude his or her telephone numbers from
  235  the directory by so requesting in writing to the association. An
  236  owner may consent in writing to the disclosure of other contact
  237  information described in this sub-subparagraph. The association
  238  is not liable for the inadvertent disclosure of information that
  239  is protected under this sub-subparagraph if the information is
  240  included in an official record of the association and is
  241  voluntarily provided by an owner and not requested by the
  242  association.
  243         f. Electronic security measures that are used by the
  244  association to safeguard data, including passwords.
  245         g. The software and operating system used by the
  246  association which allow the manipulation of data, even if the
  247  owner owns a copy of the same software used by the association.
  248  The data is part of the official records of the association.
  249         h.All affirmative acknowledgments made pursuant to s.
  250  718.121(4)(c).
  251         Section 2. Paragraph (b) of subsection (6) of section
  252  718.116, Florida Statutes, is amended to read:
  253         718.116 Assessments; liability; lien and priority;
  254  interest; collection.—
  255         (6)
  256         (b) No foreclosure judgment may be entered until at least
  257  45 30 days after the association gives written notice to the
  258  unit owner of its intention to foreclose its lien to collect the
  259  unpaid assessments. The notice must be in substantially the
  260  following form:
  261  
  262                        DELINQUENT ASSESSMENT                      
  263  
  264         This letter is to inform you a Claim of Lien has been
  265         filed against your property because you have not paid
  266         the ...(type of assessment)... assessment to ...(name
  267         of association).... The association intends to
  268         foreclose the lien and collect the unpaid amount
  269         within 45 30 days of this letter being provided to
  270         you.
  271  
  272         You owe the interest accruing from ...(month/year)...
  273         to the present. As of the date of this letter, the
  274         total amount due with interest is $..... All costs of
  275         any action and interest from this day forward will
  276         also be charged to your account.
  277  
  278         Any questions concerning this matter should be
  279         directed to ...(insert name, addresses, and telephone
  280         numbers of association representative)....
  281  
  282  If this notice is not given at least 45 30 days before the
  283  foreclosure action is filed, and if the unpaid assessments,
  284  including those coming due after the claim of lien is recorded,
  285  are paid before the entry of a final judgment of foreclosure,
  286  the association shall not recover attorney attorney’s fees or
  287  costs. The notice must be given by delivery of a copy of it to
  288  the unit owner or by certified or registered mail, return
  289  receipt requested, addressed to the unit owner at his or her
  290  last known address; and, upon such mailing, the notice shall be
  291  deemed to have been given, and the court shall proceed with the
  292  foreclosure action and may award attorney attorney’s fees and
  293  costs as permitted by law. The notice requirements of this
  294  subsection are satisfied if the unit owner records a notice of
  295  contest of lien as provided in subsection (5). The notice
  296  requirements of this subsection do not apply if an action to
  297  foreclose a mortgage on the condominium unit is pending before
  298  any court; if the rights of the association would be affected by
  299  such foreclosure; and if actual, constructive, or substitute
  300  service of process has been made on the unit owner.
  301         Section 3. Subsection (4) of section 718.121, Florida
  302  Statutes, is amended, and subsections (5) and (6) are added to
  303  that section, to read:
  304         718.121 Liens.—
  305         (4)(a)If an association sends out an invoice for
  306  assessments or a unit’s statement of the account described in s.
  307  718.111(12)(a)11.b., the invoice for assessments or the unit’s
  308  statement of account must be delivered to the unit owner by
  309  first-class United States mail or by electronic transmission to
  310  the unit owner’s e-mail address maintained in the association’s
  311  official records.
  312         (b)Before changing the method of delivery for an invoice
  313  for assessments or the statement of the account, the association
  314  must deliver a written notice of such change to each unit owner.
  315  The written notice must be delivered to the unit owner at least
  316  30 days before the association sends the invoice for assessments
  317  or the statement of the account by the new delivery method. The
  318  notice must be sent by first-class United States mail to the
  319  unit owner at his or her last address as reflected in the
  320  association’s records and, if such address is not the unit
  321  address, must be sent by first-class United States mail to the
  322  unit address. Notice is deemed to have been delivered upon
  323  mailing as required by this paragraph.
  324         (c)A unit owner must affirmatively acknowledge his or her
  325  understanding that the association will change its method of
  326  delivery of the invoice for assessments or the unit’s statement
  327  of the account before the association may change the method of
  328  delivering an invoice for assessments or the statement of
  329  account. The unit owner may make the affirmative acknowledgment
  330  electronically or in writing.
  331         (5)An association may not require payment of attorney fees
  332  related to a past due assessment without first delivering a
  333  written notice of late assessment to the unit owner which
  334  specifies the amount owed the association and provides the unit
  335  owner an opportunity to pay the amount owed without the
  336  assessment of attorney fees. The notice of late assessment must
  337  be sent by first-class United States mail to the unit owner at
  338  his or her last address as reflected in the association’s
  339  records and, if such address is not the unit address, must also
  340  be sent by first-class United States mail to the unit address.
  341  Notice is deemed to have been delivered upon mailing as required
  342  by this subsection. A rebuttable presumption that an association
  343  mailed a notice in accordance with this subsection is
  344  established if a board member, officer, or agent of the
  345  association, or a manager licensed under part VIII of chapter
  346  468, provides a sworn affidavit attesting to such mailing. The
  347  notice must be in substantially the following form:
  348  
  349                      NOTICE OF LATE ASSESSMENT                    
  350  
  351         RE: Unit .... of ...(name of association)...
  352  
  353         The following amounts are currently due on your
  354         account to ...(name of association)..., and must be
  355         paid within 30 days of the date of this letter. This
  356         letter shall serve as the association’s notice of its
  357         intent to proceed with further collection action
  358         against your property no sooner than 30 days of the
  359         date of this letter, unless you pay in full the
  360         amounts set forth below:
  361  
  362         Maintenance due ...(dates)...                      $.....
  363         Late fee, if applicable                            $.....
  364         Interest through ...(dates)...*                    $.....
  365         TOTAL OUTSTANDING                                  $.....
  366  
  367         *Interest accrues at the rate of .... percent per annum.
  368         (6) Except as otherwise provided in this chapter, no lien
  369  may be filed by the association against a condominium unit until
  370  45 30 days after the date on which a notice of intent to file a
  371  lien has been delivered to the owner by registered or certified
  372  mail, return receipt requested, and by first-class United States
  373  mail to the owner at his or her last address as reflected in the
  374  association’s records and, if such address is not the unit
  375  address, by first-class United States mail to the unit address
  376  of the association, if the address is within the United States,
  377  and delivered to the owner at the address of the unit if the
  378  owner’s address as reflected in the records of the association
  379  is not the unit address. If the address reflected in the records
  380  is outside the United States, sending the notice to that address
  381  and to the unit address by first-class United States mail is
  382  sufficient. Delivery of the notice shall be deemed given upon
  383  mailing as required by this subsection. The notice must be in
  384  substantially the following form:
  385  
  386                          NOTICE OF INTENT                         
  387                      TO RECORD A CLAIM OF LIEN                    
  388  
  389         RE: Unit .... of ...(name of association)...
  390  
  391         The following amounts are currently due on your
  392         account to ...(name of association)..., and must be
  393         paid within 45 30 days after your receipt of this
  394         letter. This letter shall serve as the association’s
  395         notice of intent to record a Claim of Lien against
  396         your property no sooner than 45 30 days after your
  397         receipt of this letter, unless you pay in full the
  398         amounts set forth below:
  399  
  400         Maintenance due ...(dates)...                      $.....
  401         Late fee, if applicable                            $.....
  402         Interest through ...(dates)...*                    $.....
  403         Certified mail charges                             $.....
  404         Other costs                                        $.....
  405         TOTAL OUTSTANDING                                  $.....
  406  
  407         *Interest accrues at the rate of .... percent per
  408         annum.
  409         Section 4. Paragraphs (a) and (c) of subsection (2) of
  410  section 719.104, Florida Statutes, are amended to read:
  411         719.104 Cooperatives; access to units; records; financial
  412  reports; assessments; purchase of leases.—
  413         (2) OFFICIAL RECORDS.—
  414         (a) From the inception of the association, the association
  415  shall maintain a copy of each of the following, where
  416  applicable, which shall constitute the official records of the
  417  association:
  418         1. The plans, permits, warranties, and other items provided
  419  by the developer pursuant to s. 719.301(4).
  420         2. A photocopy of the cooperative documents.
  421         3. A copy of the current rules of the association.
  422         4. A book or books containing the minutes of all meetings
  423  of the association, of the board of directors, and of the unit
  424  owners.
  425         5. A current roster of all unit owners and their mailing
  426  addresses, unit identifications, voting certifications, and, if
  427  known, telephone numbers. The association shall also maintain
  428  the e-mail addresses and the numbers designated by unit owners
  429  for receiving notice sent by electronic transmission of those
  430  unit owners consenting to receive notice by electronic
  431  transmission. The e-mail addresses and numbers provided by unit
  432  owners to receive notice by electronic transmission shall be
  433  removed from association records when consent to receive notice
  434  by electronic transmission is revoked. However, the association
  435  is not liable for an erroneous disclosure of the e-mail address
  436  or the number for receiving electronic transmission of notices.
  437         6. All current insurance policies of the association.
  438         7. A current copy of any management agreement, lease, or
  439  other contract to which the association is a party or under
  440  which the association or the unit owners have an obligation or
  441  responsibility.
  442         8. Bills of sale or transfer for all property owned by the
  443  association.
  444         9. Accounting records for the association and separate
  445  accounting records for each unit it operates, according to good
  446  accounting practices. The accounting records shall include, but
  447  not be limited to:
  448         a. Accurate, itemized, and detailed records of all receipts
  449  and expenditures.
  450         b. A current account and a monthly, bimonthly, or quarterly
  451  statement of the account for each unit designating the name of
  452  the unit owner, the due date and amount of each assessment, the
  453  amount paid upon the account, and the balance due.
  454         c. All audits, reviews, accounting statements, and
  455  financial reports of the association.
  456         d. All contracts for work to be performed. Bids for work to
  457  be performed shall also be considered official records and shall
  458  be maintained for a period of 1 year.
  459         10. Ballots, sign-in sheets, voting proxies, and all other
  460  papers and electronic records relating to voting by unit owners,
  461  which shall be maintained for a period of 1 year after the date
  462  of the election, vote, or meeting to which the document relates.
  463         11. All rental records where the association is acting as
  464  agent for the rental of units.
  465         12. A copy of the current question and answer sheet as
  466  described in s. 719.504.
  467         13. All affirmative acknowledgments made pursuant to s.
  468  719.108(3)(b)3.
  469         14. All other written records of the association not
  470  specifically included in the foregoing which are related to the
  471  operation of the association.
  472         (c) The official records of the association are open to
  473  inspection by any association member or the authorized
  474  representative of such member at all reasonable times. The right
  475  to inspect the records includes the right to make or obtain
  476  copies, at the reasonable expense, if any, of the association
  477  member. The association may adopt reasonable rules regarding the
  478  frequency, time, location, notice, and manner of record
  479  inspections and copying. The failure of an association to
  480  provide the records within 10 working days after receipt of a
  481  written request creates a rebuttable presumption that the
  482  association willfully failed to comply with this paragraph. A
  483  unit owner who is denied access to official records is entitled
  484  to the actual damages or minimum damages for the association’s
  485  willful failure to comply. The minimum damages are $50 per
  486  calendar day for up to 10 days, beginning on the 11th working
  487  day after receipt of the written request. The failure to permit
  488  inspection entitles any person prevailing in an enforcement
  489  action to recover reasonable attorney fees from the person in
  490  control of the records who, directly or indirectly, knowingly
  491  denied access to the records. Any person who knowingly or
  492  intentionally defaces or destroys accounting records that are
  493  required by this chapter to be maintained during the period for
  494  which such records are required to be maintained, or who
  495  knowingly or intentionally fails to create or maintain
  496  accounting records that are required to be created or
  497  maintained, with the intent of causing harm to the association
  498  or one or more of its members, is personally subject to a civil
  499  penalty pursuant to s. 719.501(1)(d). The association shall
  500  maintain an adequate number of copies of the declaration,
  501  articles of incorporation, bylaws, and rules, and all amendments
  502  to each of the foregoing, as well as the question and answer
  503  sheet as described in s. 719.504 and year-end financial
  504  information required by the department, on the cooperative
  505  property to ensure their availability to unit owners and
  506  prospective purchasers, and may charge its actual costs for
  507  preparing and furnishing these documents to those requesting the
  508  same. An association shall allow a member or his or her
  509  authorized representative to use a portable device, including a
  510  smartphone, tablet, portable scanner, or any other technology
  511  capable of scanning or taking photographs, to make an electronic
  512  copy of the official records in lieu of the association
  513  providing the member or his or her authorized representative
  514  with a copy of such records. The association may not charge a
  515  member or his or her authorized representative for the use of a
  516  portable device. Notwithstanding this paragraph, the following
  517  records shall not be accessible to unit owners:
  518         1. Any record protected by the lawyer-client privilege as
  519  described in s. 90.502 and any record protected by the work
  520  product privilege, including any record prepared by an
  521  association attorney or prepared at the attorney’s express
  522  direction which reflects a mental impression, conclusion,
  523  litigation strategy, or legal theory of the attorney or the
  524  association, and which was prepared exclusively for civil or
  525  criminal litigation or for adversarial administrative
  526  proceedings, or which was prepared in anticipation of such
  527  litigation or proceedings until the conclusion of the litigation
  528  or proceedings.
  529         2. Information obtained by an association in connection
  530  with the approval of the lease, sale, or other transfer of a
  531  unit.
  532         3. Personnel records of association or management company
  533  employees, including, but not limited to, disciplinary, payroll,
  534  health, and insurance records. For purposes of this
  535  subparagraph, the term “personnel records” does not include
  536  written employment agreements with an association employee or
  537  management company, or budgetary or financial records that
  538  indicate the compensation paid to an association employee.
  539         4. Medical records of unit owners.
  540         5. Social security numbers, driver license numbers, credit
  541  card numbers, e-mail addresses, telephone numbers, facsimile
  542  numbers, emergency contact information, addresses of a unit
  543  owner other than as provided to fulfill the association’s notice
  544  requirements, and other personal identifying information of any
  545  person, excluding the person’s name, unit designation, mailing
  546  address, property address, and any address, e-mail address, or
  547  facsimile number provided to the association to fulfill the
  548  association’s notice requirements. Notwithstanding the
  549  restrictions in this subparagraph, an association may print and
  550  distribute to unit parcel owners a directory containing the
  551  name, unit parcel address, and all telephone numbers of each
  552  unit parcel owner. However, an owner may exclude his or her
  553  telephone numbers from the directory by so requesting in writing
  554  to the association. An owner may consent in writing to the
  555  disclosure of other contact information described in this
  556  subparagraph. The association is not liable for the inadvertent
  557  disclosure of information that is protected under this
  558  subparagraph if the information is included in an official
  559  record of the association and is voluntarily provided by an
  560  owner and not requested by the association.
  561         6. Electronic security measures that are used by the
  562  association to safeguard data, including passwords.
  563         7. The software and operating system used by the
  564  association which allow the manipulation of data, even if the
  565  owner owns a copy of the same software used by the association.
  566  The data is part of the official records of the association.
  567         8.All affirmative acknowledgments made pursuant to s.
  568  719.108(3)(b)3.
  569         Section 5. Subsections (3) and (4) of section 719.108,
  570  Florida Statutes, are amended to read:
  571         719.108 Rents and assessments; liability; lien and
  572  priority; interest; collection; cooperative ownership.—
  573         (3)(a) Rents and assessments, and installments on them, not
  574  paid when due bear interest at the rate provided in the
  575  cooperative documents from the date due until paid. This rate
  576  may not exceed the rate allowed by law and, if a rate is not
  577  provided in the cooperative documents, accrues at 18 percent per
  578  annum. If the cooperative documents or bylaws so provide, the
  579  association may charge an administrative late fee in addition to
  580  such interest, not to exceed the greater of $25 or 5 percent of
  581  each installment of the assessment for each delinquent
  582  installment that the payment is late. Any payment received by an
  583  association must be applied first to any interest accrued by the
  584  association, then to any administrative late fee, then to any
  585  costs and reasonable attorney fees incurred in collection, and
  586  then to the delinquent assessment. The foregoing applies
  587  notwithstanding s. 673.3111, any purported accord and
  588  satisfaction, or any restrictive endorsement, designation, or
  589  instruction placed on or accompanying a payment. The preceding
  590  sentence is intended to clarify existing law. A late fee is not
  591  subject to chapter 687 or s. 719.303(4).
  592         (b)1.If an association sends out an invoice for
  593  assessments or a unit’s statement of the account described in s.
  594  719.104(2)(a)9.b., the invoice for assessments or the unit’s
  595  statement of account must be delivered to the unit owner by
  596  first-class United States mail or by electronic transmission to
  597  the unit owner’s e-mail address maintained in the association’s
  598  official records.
  599         2. Before changing the method of delivery for an invoice
  600  for assessments or the statement of the account, the association
  601  must deliver a written notice of such change to each unit owner.
  602  The written notice must be delivered to the unit owner at least
  603  30 days before the association sends the invoice for assessments
  604  or the statement of the account by the new delivery method. The
  605  notice must be sent by first-class United States mail to the
  606  unit owner at his or her last address as reflected in the
  607  association’s records and, if such address is not the unit
  608  address, must be sent by first-class United States mail to the
  609  unit address. Notice is deemed to have been delivered upon
  610  mailing as required by this subparagraph.
  611         3. A unit owner must affirmatively acknowledge his or her
  612  understanding that the association will change its method of
  613  delivery of the invoice for assessments or the unit’s statement
  614  of the account before the association may change the method of
  615  delivering the invoice for assessments or the statement of the
  616  account. The unit owner may make the affirmative acknowledgment
  617  electronically or in writing.
  618         (c) An association may not require payment of attorney fees
  619  related to a past due assessment without first delivering a
  620  written notice of late assessment to the owner which specifies
  621  the amount owed the association and provides the unit owner an
  622  opportunity to pay the amount owed without the assessment of
  623  attorney fees. The notice of late assessment must be sent by
  624  first-class United States mail to the unit owner at his or her
  625  last address as reflected in the association’s records and, if
  626  such address is not the unit address, must also be sent by
  627  first-class United States mail to the unit address. Notice is
  628  deemed to have been delivered upon mailing as required by this
  629  paragraph. A rebuttable presumption that an association mailed a
  630  notice in accordance with this paragraph is established if a
  631  board member, officer, or agent of the association, or a manager
  632  licensed under part VIII of chapter 468, provides a sworn
  633  affidavit attesting to such mailing. The notice must be in
  634  substantially the following form:
  635  
  636                      NOTICE OF LATE ASSESSMENT                    
  637  
  638         RE: Unit .... of ...(name of association)...
  639  
  640         The following amounts are currently due on your
  641         account to ...(name of association)..., and must be
  642         paid within 30 days of the date of this letter. This
  643         letter shall serve as the association’s notice to
  644         proceed with further collection action against your
  645         property no sooner than 30 days of the date of this
  646         letter, unless you pay in full the amounts set forth
  647         below:
  648  
  649         Maintenance due ...(dates)...                      $.....
  650         Late fee, if applicable                            $.....
  651         Interest through ...(dates)...*                    $.....
  652         TOTAL OUTSTANDING                                  $.....
  653  
  654         *Interest accrues at the rate of .... percent per annum.
  655         (4) The association has a lien on each cooperative parcel
  656  for any unpaid rents and assessments, plus interest, and any
  657  administrative late fees. If authorized by the cooperative
  658  documents, the lien also secures reasonable attorney fees
  659  incurred by the association incident to the collection of the
  660  rents and assessments or enforcement of such lien. The lien is
  661  effective from and after recording a claim of lien in the public
  662  records in the county in which the cooperative parcel is located
  663  which states the description of the cooperative parcel, the name
  664  of the unit owner, the amount due, and the due dates. Except as
  665  otherwise provided in this chapter, a lien may not be filed by
  666  the association against a cooperative parcel until 45 30 days
  667  after the date on which a notice of intent to file a lien has
  668  been delivered to the owner.
  669         (a) The notice must be sent to the unit owner at the
  670  address of the unit by first-class United States mail, and the
  671  notice must be in substantially the following form:
  672  
  673                          NOTICE OF INTENT                         
  674                      TO RECORD A CLAIM OF LIEN                    
  675  
  676         RE: Unit ...(unit number)... of ...(name of
  677         cooperative)...
  678  
  679         The following amounts are currently due on your
  680         account to ...(name of association)..., and must be
  681         paid within 45 30 days after your receipt of this
  682         letter. This letter shall serve as the association’s
  683         notice of intent to record a Claim of Lien against
  684         your property no sooner than 45 30 days after your
  685         receipt of this letter, unless you pay in full the
  686         amounts set forth below:
  687  
  688         Maintenance due ...(dates)...                      $.....
  689         Late fee, if applicable                            $.....
  690         Interest through ...(dates)...*                    $.....
  691         Certified mail charges                             $.....
  692         Other costs                                        $.....
  693         TOTAL OUTSTANDING                                  $.....
  694  
  695         *Interest accrues at the rate of .... percent per
  696         annum.
  697         1. If the most recent address of the unit owner on the
  698  records of the association is the address of the unit, the
  699  notice must be sent by certified mail, return receipt requested,
  700  to the unit owner at the address of the unit.
  701         2. If the most recent address of the unit owner on the
  702  records of the association is in the United States, but is not
  703  the address of the unit, the notice must be sent by certified
  704  mail, return receipt requested, to the unit owner at his or her
  705  most recent address.
  706         3. If the most recent address of the unit owner on the
  707  records of the association is not in the United States, the
  708  notice must be sent by first-class United States mail to the
  709  unit owner at his or her most recent address.
  710         (b) A notice that is sent pursuant to this subsection is
  711  deemed delivered upon mailing. A claim of lien must be executed
  712  and acknowledged by an officer or authorized agent of the
  713  association. The lien is not effective 1 year after the claim of
  714  lien was recorded unless, within that time, an action to enforce
  715  the lien is commenced. The 1-year period is automatically
  716  extended for any length of time during which the association is
  717  prevented from filing a foreclosure action by an automatic stay
  718  resulting from a bankruptcy petition filed by the parcel owner
  719  or any other person claiming an interest in the parcel. The
  720  claim of lien secures all unpaid rents and assessments that are
  721  due and that may accrue after the claim of lien is recorded and
  722  through the entry of a final judgment, as well as interest and
  723  all reasonable costs and attorney fees incurred by the
  724  association incident to the collection process. Upon payment in
  725  full, the person making the payment is entitled to a
  726  satisfaction of the lien.
  727         (c) By recording a notice in substantially the following
  728  form, a unit owner or the unit owner’s agent or attorney may
  729  require the association to enforce a recorded claim of lien
  730  against his or her cooperative parcel:
  731  
  732                      NOTICE OF CONTEST OF LIEN                    
  733  
  734         TO: ...(Name and address of association)...:
  735  
  736         You are notified that the undersigned contests the
  737         claim of lien filed by you on ...., ...(year)..., and
  738         recorded in Official Records Book .... at Page ....,
  739         of the public records of .... County, Florida, and
  740         that the time within which you may file suit to
  741         enforce your lien is limited to 90 days from the date
  742         of service of this notice. Executed this .... day of
  743         ...., ...(year)....
  744         Signed: ...(Owner or Attorney)...
  745  
  746  After notice of contest of lien has been recorded, the clerk of
  747  the circuit court shall mail a copy of the recorded notice to
  748  the association by certified mail, return receipt requested, at
  749  the address shown in the claim of lien or most recent amendment
  750  to it and shall certify to the service on the face of the
  751  notice. Service is complete upon mailing. After service, the
  752  association has 90 days in which to file an action to enforce
  753  the lien. If the action is not filed within the 90-day period,
  754  the lien is void. However, the 90-day period shall be extended
  755  for any length of time during which the association is prevented
  756  from filing its action because of an automatic stay resulting
  757  from the filing of a bankruptcy petition by the unit owner or by
  758  any other person claiming an interest in the parcel.
  759         (d) A release of lien must be in substantially the
  760  following form:
  761  
  762                           RELEASE OF LIEN                         
  763  
  764  The undersigned lienor, in consideration of the final payment in
  765  the amount of $...., hereby waives and releases its lien and
  766  right to claim a lien for unpaid assessments through ....,
  767  ...(year)..., recorded in the Official Records Book .... at Page
  768  ...., of the public records of .... County, Florida, for the
  769  following described real property:
  770  
  771         THAT COOPERATIVE PARCEL WHICH INCLUDES UNIT NO. ....
  772         OF ...(NAME OF COOPERATIVE)..., A COOPERATIVE AS SET
  773         FORTH IN THE COOPERATIVE DOCUMENTS AND THE EXHIBITS
  774         ANNEXED THERETO AND FORMING A PART THEREOF, RECORDED
  775         IN OFFICIAL RECORDS BOOK ...., PAGE ...., OF THE
  776         PUBLIC RECORDS OF .... COUNTY, FLORIDA.
  777  
  778  ...(Signature of Authorized Agent)...           ...(Signature of
  779  Witness)...
  780  ...(Print Name)...                            ...(Print Name)...
  781  
  782  ...(Signature of Witness)...
  783  ...(Print Name)...
  784  
  785  Sworn to (or affirmed) and subscribed before me this .... day of
  786  ...., ...(year)..., by ...(name of person making statement)....
  787  ...(Signature of Notary Public)...
  788  ...(Print, type, or stamp commissioned name of Notary Public)...
  789  Personally Known .... OR Produced .... as identification.
  790         Section 6. Present paragraph (l) of subsection (4) of
  791  section 720.303, Florida Statutes, is redesignated as paragraph
  792  (m), a new paragraph (l) is added to that subsection, and
  793  paragraph (c) of subsection (5) of that section is amended, to
  794  read:
  795         720.303 Association powers and duties; meetings of board;
  796  official records; budgets; financial reporting; association
  797  funds; recalls.—
  798         (4) OFFICIAL RECORDS.—The association shall maintain each
  799  of the following items, when applicable, which constitute the
  800  official records of the association:
  801         (l) All affirmative acknowledgments made pursuant to s.
  802  720.3085(3)(c)3.
  803         (5) INSPECTION AND COPYING OF RECORDS.—The official records
  804  shall be maintained within the state for at least 7 years and
  805  shall be made available to a parcel owner for inspection or
  806  photocopying within 45 miles of the community or within the
  807  county in which the association is located within 10 business
  808  days after receipt by the board or its designee of a written
  809  request. This subsection may be complied with by having a copy
  810  of the official records available for inspection or copying in
  811  the community or, at the option of the association, by making
  812  the records available to a parcel owner electronically via the
  813  Internet or by allowing the records to be viewed in electronic
  814  format on a computer screen and printed upon request. If the
  815  association has a photocopy machine available where the records
  816  are maintained, it must provide parcel owners with copies on
  817  request during the inspection if the entire request is limited
  818  to no more than 25 pages. An association shall allow a member or
  819  his or her authorized representative to use a portable device,
  820  including a smartphone, tablet, portable scanner, or any other
  821  technology capable of scanning or taking photographs, to make an
  822  electronic copy of the official records in lieu of the
  823  association’s providing the member or his or her authorized
  824  representative with a copy of such records. The association may
  825  not charge a fee to a member or his or her authorized
  826  representative for the use of a portable device.
  827         (c) The association may adopt reasonable written rules
  828  governing the frequency, time, location, notice, records to be
  829  inspected, and manner of inspections, but may not require a
  830  parcel owner to demonstrate any proper purpose for the
  831  inspection, state any reason for the inspection, or limit a
  832  parcel owner’s right to inspect records to less than one 8-hour
  833  business day per month. The association may impose fees to cover
  834  the costs of providing copies of the official records, including
  835  the costs of copying and the costs required for personnel to
  836  retrieve and copy the records if the time spent retrieving and
  837  copying the records exceeds one-half hour and if the personnel
  838  costs do not exceed $20 per hour. Personnel costs may not be
  839  charged for records requests that result in the copying of 25 or
  840  fewer pages. The association may charge up to 25 cents per page
  841  for copies made on the association’s photocopier. If the
  842  association does not have a photocopy machine available where
  843  the records are kept, or if the records requested to be copied
  844  exceed 25 pages in length, the association may have copies made
  845  by an outside duplicating service and may charge the actual cost
  846  of copying, as supported by the vendor invoice. The association
  847  shall maintain an adequate number of copies of the recorded
  848  governing documents, to ensure their availability to members and
  849  prospective members. Notwithstanding this paragraph, the
  850  following records are not accessible to members or parcel
  851  owners:
  852         1. Any record protected by the lawyer-client privilege as
  853  described in s. 90.502 and any record protected by the work
  854  product privilege, including, but not limited to, a record
  855  prepared by an association attorney or prepared at the
  856  attorney’s express direction which reflects a mental impression,
  857  conclusion, litigation strategy, or legal theory of the attorney
  858  or the association and which was prepared exclusively for civil
  859  or criminal litigation or for adversarial administrative
  860  proceedings or which was prepared in anticipation of such
  861  litigation or proceedings until the conclusion of the litigation
  862  or proceedings.
  863         2. Information obtained by an association in connection
  864  with the approval of the lease, sale, or other transfer of a
  865  parcel.
  866         3. Personnel records of association or management company
  867  employees, including, but not limited to, disciplinary, payroll,
  868  health, and insurance records. For purposes of this
  869  subparagraph, the term “personnel records” does not include
  870  written employment agreements with an association or management
  871  company employee or budgetary or financial records that indicate
  872  the compensation paid to an association or management company
  873  employee.
  874         4. Medical records of parcel owners or community residents.
  875         5. Social security numbers, driver license numbers, credit
  876  card numbers, electronic mailing addresses, telephone numbers,
  877  facsimile numbers, emergency contact information, any addresses
  878  for a parcel owner other than as provided for association notice
  879  requirements, and other personal identifying information of any
  880  person, excluding the person’s name, parcel designation, mailing
  881  address, and property address. Notwithstanding the restrictions
  882  in this subparagraph, an association may print and distribute to
  883  parcel owners a directory containing the name, parcel address,
  884  and all telephone numbers of each parcel owner. However, an
  885  owner may exclude his or her telephone numbers from the
  886  directory by so requesting in writing to the association. An
  887  owner may consent in writing to the disclosure of other contact
  888  information described in this subparagraph. The association is
  889  not liable for the disclosure of information that is protected
  890  under this subparagraph if the information is included in an
  891  official record of the association and is voluntarily provided
  892  by an owner and not requested by the association.
  893         6. Any electronic security measure that is used by the
  894  association to safeguard data, including passwords.
  895         7. The software and operating system used by the
  896  association which allows the manipulation of data, even if the
  897  owner owns a copy of the same software used by the association.
  898  The data is part of the official records of the association.
  899         8.All affirmative acknowledgments made pursuant to s.
  900  720.3085(3)(c)3.
  901         Section 7. Paragraphs (c) and (d) are added to subsection
  902  (3) of section 720.3085, Florida Statutes, to read:
  903         720.3085 Payment for assessments; lien claims.—
  904         (3) Assessments and installments on assessments that are
  905  not paid when due bear interest from the due date until paid at
  906  the rate provided in the declaration of covenants or the bylaws
  907  of the association, which rate may not exceed the rate allowed
  908  by law. If no rate is provided in the declaration or bylaws,
  909  interest accrues at the rate of 18 percent per year.
  910         (c)1. If an association sends out an invoice for
  911  assessments or a parcel’s statement of the account described in
  912  s. 720.303(4)(j)2., the invoice for assessments or the parcel’s
  913  statement of account must be delivered to the parcel owner by
  914  first-class United States mail or by electronic transmission to
  915  the parcel owner’s e-mail address maintained in the
  916  association’s official records.
  917         2. Before changing the method of delivery for an invoice
  918  for assessments or the statement of the account, the association
  919  must deliver a written notice of such change to each parcel
  920  owner. The written notice must be delivered to the parcel owner
  921  at least 30 days before the association sends the invoice for
  922  assessments or the statement of the account by the new delivery
  923  method. The notice must be sent by first-class United States
  924  mail to the owner at his or her last address as reflected in the
  925  association’s records and, if such address is not the parcel
  926  address, must be sent by first-class United States mail to the
  927  parcel address. Notice is deemed to have been delivered upon
  928  mailing as required by this subparagraph.
  929         3. A parcel owner must affirmatively acknowledge his or her
  930  understanding that the association will change its method of
  931  delivery of the invoice for assessments or the statement of the
  932  account before the association may change the method of
  933  delivering an invoice for assessments or the statement of
  934  account. The parcel owner may make the affirmative
  935  acknowledgment electronically or in writing.
  936         (d) An association may not require payment of attorney fees
  937  related to a past due assessment without first delivering a
  938  written notice of late assessment to the parcel owner which
  939  specifies the amount owed the association and provides the
  940  parcel owner an opportunity to pay the amount owed without the
  941  assessment of attorney fees. The notice of late assessment must
  942  be sent by first-class United States mail to the owner at his or
  943  her last address as reflected in the association’s records and,
  944  if such address is not the parcel address, must also be sent by
  945  first-class United States mail to the parcel address. Notice is
  946  deemed to have been delivered upon mailing as required by this
  947  paragraph. A rebuttable presumption that an association mailed a
  948  notice in accordance with this paragraph is established if a
  949  board member, officer, or agent of the association, or a manager
  950  licensed under part VIII of chapter 468, provides a sworn
  951  affidavit attesting to such mailing. The notice must be in
  952  substantially the following form:
  953  
  954                      NOTICE OF LATE ASSESSMENT                    
  955  
  956         RE: Parcel .... of ...(name of association)...
  957  
  958         The following amounts are currently due on your
  959         account to ...(name of association)..., and must be
  960         paid within 30 days after the date of this letter.
  961         This letter shall serve as the association’s notice to
  962         proceed with further collection action against your
  963         property no sooner than 30 days after the date of this
  964         letter, unless you pay in full the amounts set forth
  965         below:
  966  
  967         Maintenance due ...(dates)...                      $.....
  968         Late fee, if applicable                            $.....
  969         Interest through ...(dates)...*                    $.....
  970         TOTAL OUTSTANDING                                  $.....
  971  
  972         *Interest accrues at the rate of .... percent per annum.
  973         Section 8. This act shall take effect July 1, 2021.